Law Commons^™

The Questions Rehnquist Hasn't Had To Answer, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Legal Modernism, David Luban

Michigan Law Review

What are the roots of Critical Legal Studies? "The immediate intellectual background . . . is the . . . achievement of early twentieth century modernism ... ," writes Roberto Unger in his CLS manifesto; he elaborates this modernist connection in his deep and subtle book Passion. Other CLS members also draw parallels between their endeavor and artistic modernism.

Obviously, CLS is first and foremost a movement of left-leaning legal scholars; it is also associated with distinctive theoretical claims about law. But it should be equally obvious that CLS involves sensibilities and affinities that are strikingly similar to those …

The Glittering Eye Of Law, Geoffrey P. Miller

Michigan Law Review

A Review of The Authoritative and the Authoritarian by Joseph Vining

Jurisprudence: A Descriptive And Normative Analysis Of Law, Christopher P. Portman

Michigan Law Review

A Review of Jurisprudence: A Descriptive and Normative Analysis of Law by Anthony D'Amato

Monzo Raises Taxing Issue, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Persons Without History: Liberal Theory And Human Experience, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.

Reconstructing The Criminal Defenses: The Significance Of Justification, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.

What A Sensible Natural Lawyer And A Sensible Utilitarian Agree About And Disagree About: Comments On Finnis, Donald H. Regan

Articles

Before I start, let me say two things. First of all, to the extent that John Finnis is entering a plea for more attention to what is a relatively neglected tradition (in the narrow his message a hundred percent. And you courd learning about the natural law tradition than by reading his book, Natural Law and Natural Rights. My second introductory observation is that Finnis and I agree about many more things than you might expect if you just think of him as a natural law theorist and me as a utilitarian. I am very eccentric as a utilitarian. He …

Error Behind The Plate And In The Law, Richard O. Lempert

Articles

Casey Stengel, the great manager of the New York Yankees, and later the New York Mets, once dreamed, or so he said, that he had died and gone to heaven. The Lord greeted him personally as he walked through the Pearly Gates. "Casey," he said, "I'm so glad you're here. I want you to form a baseball team." Casey looked around him. He saw Babe Ruth, Lou Gehrig, Ty Cobb, Tris Speaker, Christy Mathewson, Walter Johnson, Grover Cleveland Alexander, and others-all of baseball's immortals-and he said, "I'll see what I can do." Obviously, one can do a lot with such …

Duties Of Preservation, Donald H. Regan

Book Chapters

The central philosophical problem concerning our duties with regard to nature is this: We are strongly inclined to think we have certain duties which are not fully accounted for by instrumental arguments. We are also strongly inclined to hold a view about value that seems to make it impossible to account for these duties by any noninstrumental arguments. Hence our perplexity. It seems that we have duties to respect living creatures; to avoid causing the extinction of species; even to preserve complex parts of the environment s uch as a tropical rain forest or the Grand Canyon. If we ask …

The Ninth Amendment: Source Of A Substantive Right To Privacy, 19 J. Marshall L. Rev. 959 (1986), Gerald G. Watson

UIC Law Review

No abstract provided.

The Death Penalty—An Issue Of Conscience And Conflict, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Tales Of The Donkey-A New Future For The Democratic Party, Bruce Ledewitz

Ledewitz Papers

Paper submitted to the Outreach Program of the Democratic Policy Commission to "identify emerging ideas and policy innovations among Democratic constituency groups, academics, policy experts and public officials." (Appendix D, p. 71) All papers were then reviewed by a group of volunteer policy specialists and their abstracts were subsequently "published and distributed at the appropriate Regional Round tables. All papers submitted were thereby made available to commission members and to other interested parties" (Id.). "Tales of the Donkey - A New Future for the Democratic Party" was submitted to the Democratic Policy Commission on Cross -Cutting Issues Affecting the Democratic …

The Death Penalty—An Issue Of Conscience And Conflict, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”

Dualistic Legal Phenomena And The Limitations Of Positivism, Gregory Silverman

Faculty Articles

Often, in a case of first instance, a judge will reach a decision by an appeal to legal principles. For example, in the 1889 case of Riggs v. Palmer a New York court had to decide whether a grandson who had murdered his grandfather could inherit under the will in which his grandfather had named him an heir. The statutes and rules of testamentary law did not prohibit the inheritance. The court, however, invoked the legal principle that no one should be permitted to profit by his own wrong and denied the claim to inheritance. The use of such principles …

Philosophy And The Constitution, Donald H. Regan

Book Chapters

The Constitution is one of the great achievements of political philosophy; and it may be the only political achievement of philosophy in our society. The Framers of the Constitution and the leading participants in the debates on ratification shared a culture more thoroughly than did any later American political elite. They shared a knowledge (often distorted, but shared nevertheless) of ancient philosophy and history, of English common law, of recent English political theory, and of the European Enlightenment.They were the American branch of the Enlightenment,and salient among their membership credentials was their belief that reasoned thought about politics could guide …

Rising Above Principle, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

Law's Halo, Donald H. Regan

Articles

Like many people these days, I believe there is no general moral obligation to obey the law. I shall explain why there is no such moral obligation - and I shall clarify what I mean when I say there is no moral obligation to obey the law - as we proceed. But also like many people, I am unhappy with a position that would say there was no moral obligation to obey the law and then say no more about the law's moral significance. In our thinking about law in a reasonably just society, we have a strong inclination to …

Alternative Methodologies In Contemporary Jurisprudence: Comments On Dworkin, Philip E. Soper

Articles

I have two brief points to make. Both involve recent developments in jurisprudence, by which I mean by and large the subject that Ronald Dworkin has just been discussing. Indeed, the first point is little more than an acknowledgement of the debt that is owed to Dworkin, not only for his specific contributions to this field, but for the implications of his work for law teaching generally.